In re Tesla Inc. Securities Litigation

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 IN RE TESLA, INC. SECURITIES Case No. 18-cv-04865-EMC

8 LITIGATION.

ORDER RE JOINT DISCOVERY

9 LETTER 10 Docket No. 226 11

12 13 Currently pending before the Court is a discovery dispute. Lead Plaintiff asks the Court to 14 issue a subpoena to the SEC. Lead Plaintiff had been trying to secure certain information from the 15 SEC through a FOIA request but apparently changed course because (1) the administrative process 16 would take up to eighteen months to conclude and (2) the SEC agreed that the FOIA 17 administrative process could, in essence, be bypassed if Plaintiffs could get this Court to issue a 18 subpoena. Defendants oppose the request because the PSLA generally provides for a stay of 19 discovery pending resolution of a motion to dismiss. 20 The PSLRA provides as follows: “In any private action arising under this title, all 21 discovery and other proceedings shall be stayed during the pendency of any motion to dismiss, 22 unless the court…